California Family Code

§ 4325

FAM § 4325 Effective Jan 1, 2020Div. 9 · Part 3 · Ch. 2

Statute text

(a)In a proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a misdemeanor that results in a term of probation pursuant to Section 1203.097 of the Penal Code perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding or during the course of the dissolution proceeding, there shall be a rebuttable presumption that the following shall apply:

(1)An award of spousal support to the convicted spouse from the injured spouse is prohibited.

(2)If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 50. (AB 1817) Effective January 1, 2020.